With respect to the 2021 Influencer Waiver on the Commercial Contract, advertisers and agencies that have signed the Commercial Agreement will continue to engage Influencers under the Commercial Agreement, but will benefit from more favorable terms available under the Waiver. For commitments of eligible influencers, the waiver offers such advertisers and union agencies the benefits of the influencer agreement, including free negotiations on the remuneration of the influencers and, to the extent agreed and set out in the influencer`s contract, the deduction of pension and health contributions from the influencer`s gross remuneration. SAG-AFTRA announced two new developments in its union contracts to cover audio and video advertising content produced by social media influencers for unionized and non-unionized advertisers. Based on published reports, the influencer marketing industry was worth $8 billion in 2019 and is on track to be worth up to $15 billion by next year. In order to clarify how and to what extent advertisers and union agencies should manage contracts with influencers who produce their own content, SAG-AFTRA and the Joint Policy Committee (JPC) have developed the waiver of influencers` commercial contract (Waiver). The JPC represents the advertisers and agencies that have authorized the JPC to negotiate with SAG-AFTRA on their behalf. Tags: Gig Workers, Health Insurance, Influencers, Instagram, Pensions, SAG-AFTRA And that`s how it came to this expansion: SAG-AFTRA realized that many of its existing members – entertainment people – were being offered sponsorship offers on social media. However, as this work was not considered “covered work” by SAG-AFTRA standards at the time, sponsorship agreements could not be taken into account in the covered work of members. Under the new agreement, SAG-AFTRA is expanding “covered work” to include sponsorship agreements so that existing members such as actors can now cover sponsorship work, as well as extending SAG-AFTRA eligibility to influencers who would not have been eligible previously because they do not do traditional entertainment work. Now that the waiver and deal are available, agencies and brands are ready to release them for a series of tests. This article contains our preliminary thoughts on how waiver and agreement will work in practice. The waiver allows union agencies and advertisers to hire influencers (including influencers who have not signed the new influence agreement) under the trade agreement while applying the most favorable terms of the influence agreement.

As a result, influencers hired by union organizations and advertisers may receive treatment similar to that provided for in the Influencer Agreement, which works with non-unionized organizations and advertisers. There are two exceptions to this derogation: the 10th. In March, the Joint Strategic Committee (“JPC”) and SAG-AFTRA issued the brand new 2021 waiver for sponsored content produced by influencers (the “Influencer Waiver”) under the SAG-AFTRA Advertising Agreement, and the Union published the full text of its 2021 Influencer-Produced Sponsored Content Agreement (the “Influence Agreement”). This is GREAT NEWS. Undoubtedly, these two documents will reshape the way influencer marketing is done in the coming years. If you are entering into a contract with an influencer who participates in the SAG-AFTRA influence agreement, here is some important information: The influence agreement, a selection of which can be found HERE, governs the relationship between the influencer and the union. It contains several important terms that influencers should consider when creating their content agreements with advertisers. It is important to note that SAG-AFTRA has not defined a specific number of subscribers for a person considered an influencer. However, the union has clarified some important details about how an influencer does business and what kind of content would qualify. A waiver for sponsored content produced by influencers (“Influencer Waiver”) applies to Content sponsored by an Influencer involving a signatory of a SAG-AFTRA advertising agreement or a joint political committee (official negotiator of SAG-AFTRA commercial contracts) that authorizes an advertising agency or advertiser. While some think that influencers are mostly wealthy people who don`t need union protection, this is often not the case.

Many influencers work two or three jobs to make ends meet. Since the influence of work is independent, influencers – like all gig workers in the United States – are also independent. – enjoy even less protection than other types of workers. So how can unions solve influencers` problems? In addition, if the Influencer wishes to use the SAG AFTRA Services as part of the Contract with the Advertiser, the Influencer must agree to pay contributions equal to 19% of the remuneration attributable to the Influencer`s camera and/or voiceover services to the SAG-AFTRA pension and health plans. These payments are not the responsibility of the brand. The SAG-AFTRA influence agreement (influence agreement) applies mainly to the influence content produced for non-unionized advertisers and will perform two main functions: and finally, there is access to healthcare and a pension. In a country where access to affordable health care and a pension is scarce, access to both is probably the biggest draw of the influence agreement. Brands that use influencers need to review their policies for hiring union talent. If the advertiser is a non-unionized store, they will want to strengthen their contractual guarantees that the influencer is not a member of a union. First of all, there is the obvious: influencers influence people. For an entire class of workers whose job it is to communicate and influence people, to provide union benefits, probably means that as the influencer union grows, the unions will become more visible to the American people. This could lead to more spontaneous conversations about unions in high-profile environments like Meghan Markle`s conversation with Oprah.

Because the likelihood that Americans are members of a union or are close friends or family with someone in a union has decreased in recent decades, awareness of how unions work is likely to be useful for unions. Influencers can also raise awareness among unions and the likelihood of unionizing in other industries, as they often move to other professions. To address this need, SAG-AFTRA`s National Board of Directors approved in February 2021 an agreement (the “Influencer Agreement”) that would cover sponsored content produced in accordance with the underlying contracts between influencers and advertisers. Prior to this announcement, YouTube was the only advertising platform under sag-aftra`s services. The union`s new influencer agreement extends this coverage to advertising on various social media platforms. “Currently, the creation of influencer content is mostly non-unionized,” the union says, noting that it has yet to offer a contract for influencers to cover the sponsored content they create. As a result, according to the union, “members had to turn down opportunities for influence mark agreements or risk working on the map. Another finding is that influencers who are not members did not have a viable path to union membership, which prevented the union from organizing this growing and increasingly prominent group of artists.

The union also loses the opportunity to raise new and additional funds for the pension and health plan. The Influencer Waiver, which can be read HERE, contains many of the same provisions as the Influencer Agreement and also allows for the distribution of influencer content on other channels, platforms or media (for example. B, television) with the consent of the influencer. As long as the advertiser`s or agency`s service contract with an influencer clearly states which portion of the total compensation is attributable to pension and health contributions, the advertiser and agency may choose to deduct income and health from the influencer`s fees due to SAG-AFTRA (subject to the influencer`s consent) instead of these pension and health payments as additional expenses in addition to the influencer fee to be paid. Finally, the unionization of influencers could be part of a broader trend of young people supporting unions at higher rates than other age groups, as well as one of the few demographic groups in the United States that is increasing in union density. The vast majority of influencers are young people. While data is limited, a study on Instagram influencers found that 88% of sponsored posts on Instagram come from influencers who are 34 or younger. Assuming that influencer demographics are somewhat correlated with influencers choosing SAG-AFTRA, influencers who unionize will likely only continue the trend of increasing the number of union members among young people – and hopefully supporting unions as well. After spending a decade making room in the industry, influencers are now welcomed into the SAG-AFTRA union, which recognizes them as a unique class of “multi-talented performers whose achievements should be covered by a SAG-AFTRA contract.” Sag-AFTRA President Gabrielle Carteris told me she believes this agreement is a victory for the union: “Reporting on this work is vital to the future of our union as we continue to embrace new forms of personal expression through current and future media, and we recognize the need to be agile for the next generation of artists while offering protection. which allows a real autonomy.

The SAG-AFTRA website contains several resources for influencers to help influencers understand the agreement with influencers, such as.B. Influencer Agreement 101 and a fact sheet on the influencer agreement. .